EU Citizens Rights in the UK after Brexit – Update 2024

1. Understanding EU Citizens Rights in the UK after Brexit

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Brexit has had a profound impact on EU citizens residing in the UK, as well as UK employers who rely on EU workers. This comprehensive guide is designed to clarify the rights of EU citizens post-Brexit and outline the necessary steps to secure their status. Both EU citizens, who wish to continue their lives and work in the UK, and UK employers will find understanding these changes crucial for compliance and maintaining valuable EU workforce contributions.

The EU Settlement Scheme (EUSS)

Eligibility Criteria

To qualify for the EU Settlement Scheme, individuals must satisfy the following criteria:

1. Citizenship:
   • Must be EU, EEA, or Swiss nationals.
2. Residence:
   • Should have been residing in the UK before December 31, 2020.
3. Security:
   • Must not pose a serious threat to public security.

Types of Status

• Pre-settled Status:
  • Granted to those who have lived in the UK for less than five years. From September 2023, pre-settled status will automatically be extended by two years before it expires if settled status has not been obtained.
• Settled Status:
  • Applicable to those who have resided in the UK for five years or more. The Home Office will start automated checks in 2024 to convert eligible pre-settled status holders to settled status without requiring an application.

Late Applications

Late applications to the EUSS are considered under certain conditions even after the June 30, 2021 deadline.

Rights of EU Citizens with Settled or Pre-Settled Status

EU citizens holding either settled or pre-settled status enjoy several essential rights and benefits, which include:

• Work:
  • Unrestricted rights to work in the UK.
• Healthcare & Social Benefits:
  • Eligibility for NHS services and various social benefits, depending on specific criteria.
• Education & Student Loans:
  • Rights to education and potential eligibility for student loans and financial support.
• Family Reunification:
  • Rights to bring close family members to the UK, who can apply for EUSS family permits and potentially for settled or pre-settled status.

In the post-Brexit landscape, EU citizens in the UK face significant changes. By engaging with the EU Settlement Scheme and understanding their rights under settled or pre-settled status, EU citizens can effectively navigate these changes. For employers, staying informed is essential to ensure compliance and retain EU talent. This guide serves as a valuable resource for both EU citizens and UK employers to adapt to new regulations and sustain their livelihoods and workforce in the UK.

These updates reflect the latest changes from the Home Office intended to simplify the process and ensure continuity of status for EU citizens in the UK​​​.

Automatic extension of pre-settled status ensures that many EU, other EEA and Swiss citizens and their family members in the UK can continue to make a hugely valued contribution to British society without fear of losing their immigration status by simply failing to apply for settled status.

EU Settlement Scheme enhancements confirmed

2. The Impact of Brexit on EU Citizens’ Voting Rights in the UK

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Brexit has led to significant changes in the voting rights of EU citizens residing in the UK, particularly affecting their participation in various elections across the United Kingdom.

Changes in Voting Rights Post-Brexit

The post-Brexit landscape for EU citizens’ voting rights in the UK is complex and varies depending on where they live in the UK and their date of arrival:

• Local Elections in England and Northern Ireland:
  • EU citizens who were residents in the UK before January 1, 2021, retain their right to vote and stand as candidates in local elections if they maintain lawful immigration status.
  • For those who arrived after this date, voting rights are granted only if there is a bilateral agreement between their home country and the UK​ (Can EU citizens take part in UK elections after Brexit?).
• European Parliament Elections:
  • With the UK no longer being a part of the EU, EU citizens residing in the UK are no longer eligible to vote in European Parliament elections​ (Local Voting Rights for EU Citizens Living in the UK)​.
• Regional Elections:
  • The ability of EU citizens to participate in regional elections varies.
  • In Scotland and Wales, changes have been made to allow all legally resident foreign nationals, including EU citizens, to vote regardless of when they arrived in the UK.
  • This includes voting in elections for the Scottish Parliament, the Welsh Parliament (Senedd Cymru), and local elections in these regions​ ​​ (Who can vote in UK elections?)​.

Role of Bilateral Agreements

The UK has negotiated reciprocal voting agreements with several EU countries. So far, agreements have been established with Spain, Portugal, Luxembourg, Poland, and Denmark. These agreements allow citizens of these countries who arrived in the UK post-Brexit to vote in local elections, mirroring the rights granted to UK citizens residing in those countries​

From 7 May 2024, some EU citizens will not be able to vote and stand as a candidate in certain elections in England, Wales and Northern Ireland.

EU citizens will continue to be able to vote while they remain on the register, but will not be able to re-register once they are taken off after May 2024.

Electoral Commission

Importance for EU Citizens

Understanding these changes is crucial for EU citizens:

• Staying Informed:
  • EU citizens should stay updated on their voting rights which might evolve depending on new bilateral agreements or changes in local laws.
• Active Participation:
  • Where eligible, EU citizens are encouraged to participate in local and regional elections, which is an important aspect of civic engagement and integration into the community.

Post-Brexit, the landscape of voting rights for EU citizens in the UK has indeed changed significantly. Active participation in permitted elections is essential for EU citizens to integrate and contribute meaningfully to their local communities, while staying informed ensures they are aware of their rights and any changes that might affect them.

3. Traveling and Living in the EU as a UK Citizen Post-Brexit

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Overview of New Rules

Since Brexit, UK citizens face a new set of rules when visiting or residing in EU countries. These changes affect visa requirements, travel limitations, and property ownership, reflecting the UK’s departure from the EU’s freedom of movement policy.

Visa Requirements and Travel Limitations

• Short-term Visits (up to 90 days in 180 days):
  • UK citizens can visit the EU for up to 90 days within any 180-day period without a visa for tourism, family visits, or business trips. This rule applies across the Schengen Area and also extends to EFTA member countries like Iceland, Norway, and Switzerland​ (GOV.UK)​​.
• Long-term Stays (over 90 days):
  • For stays longer than 90 days, UK citizens may require a visa or residence permit, depending on the purpose of their stay such as work, study, or extended visits. Each EU country may have different rules and requirements based on their national laws​ (European Union)​.

Impact on Property Ownership in the EU

UK citizens owning property in the EU must navigate various local regulations. This includes complying with visa requirements for longer stays, as well as understanding local registration and tax obligations. Given the variation in regulations across EU member states, it’s essential for property owners to stay informed about the specific laws of the country where their property is located​​.

Key Points to Remember:

• Travel Documents:
  • Ensure your passport is valid for at least three months after your planned departure from the EU and was issued within the last ten years​ (House of Commons Library)​.
• Prepare for new entry/exit systems:
  • The EU plans to introduce the Entry/Exit System (EES) and the European Travel Information and Authorisation System (ETIAS) by late 2024 and early 2025, respectively. These will require non-EU travelers, including UK citizens, to undergo a more detailed entry process​ (euronews)​.
• Health insurance changes:
  • The European Health Insurance Card (EHIC) scheme has ended for UK citizens, replaced by the Global Health Insurance Card (GHIC), which offers similar coverage​ (Time Out Worldwide)​.
• Mobile roaming:
  • The guarantee of free mobile roaming throughout the EU has ended, and it’s advisable to check with your mobile provider for potential charges​ .

Given these changes, UK citizens planning to travel or live in the EU should frequently check the latest travel advice and regulations to ensure compliance and smooth travel experiences.

4. Impact on EU Citizens Coming to the UK after Brexit

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Following Brexit, the landscape of immigration to the United Kingdom has transformed significantly for EU citizens. Previously enjoying freedom of movement across the UK, EU nationals must now navigate a new immigration framework, aligning them with non-EU citizens under a stringent points-based system. This system evaluates potential entrants on various criteria such as skills, qualifications, and the ability to contribute to the UK economy. This shift represents a fundamental change in how EU citizens can live, work, and study in the UK, emphasizing a more regulated approach to immigration.

Changes to Immigration Rules

Post-Brexit, EU citizens are subject to the same immigration controls as non-EU nationals, a stark change from the previous freedom of movement. This alignment means that EU citizens looking to live or work in the UK must navigate the points-based immigration system introduced in January 2021.

Points-Based Immigration System

This system evaluates candidates based on specific criteria such as skill level, English language proficiency, and a valid job offer from an approved employer. The aim is to attract individuals who can contribute to the UK economy based on skills and qualifications.

Visa Routes for EU Citizens

• Skilled Worker Visa:
  • Requires a job offer in an eligible role meeting certain salary and skill level thresholds.
  • As of April 2024, the minimum salary requirement for Skilled Worker visa applications has increased to £38,700 or the going rate for the job, whichever is higher​.
• Global Talent Visa:
  • Targets leaders in specific fields such as science and research, allowing them to come to the UK without a job offer​.
• Innovator Founder Visa:
  • Open to entrepreneurs and business innovators with unique business ideas.
  • This route consolidates previous entrepreneur and startup visa categories​.
• Graduate Visa:
  • Available to international students who have completed a degree in the UK, facilitating post-study work opportunities​.
• Other Routes:
  • Including the High Potential Individual (HPI) Visa for individuals from top global universities, Scale-up Visa for those with a job offer from a recognized UK scale-up, and Global Business Mobility (GBM) Route for various business purposes​.

For EU citizens, these changes necessitate a thorough understanding of the new criteria and preparation to meet these standards to ensure eligibility and compliance with UK immigration laws. This system emphasizes the UK’s shift towards a more regulated immigration framework focusing on skills and economic contribution.

For more detailed and specific information, you may refer to the official UK Government immigration site or consult the latest changes to the immigration rules as of 2024.

5. Support Services and Resources for EU Citizens in the UK

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As EU citizens navigate the post-Brexit landscape in the UK, several organizations and services are available to provide comprehensive support and resources. Enhancing this section with more detailed descriptions of these services and how they can specifically assist EU citizens can make it more informative and valuable.

Key Organizations and Resources

• UK Home Office:
  • Serves as the primary source for governmental immigration policies, including detailed guidance on the EU Settlement Scheme.
  • The Home Office website offers step-by-step guides, application procedures, and eligibility criteria for various immigration routes​​.
• Citizens Advice:
  • Offers extensive free advice on a wide range of issues affecting EU citizens, including immigration, housing, employment rights, and legal services.
  • Their service is crucial for individuals seeking guidance on navigating UK laws and regulations post-Brexit​​.
• The3million:
  • This advocacy group is dedicated to protecting the rights of EU citizens in the UK.
  • They offer resources, support networks, and lobbying efforts to ensure that EU citizens’ rights are maintained and respected post-Brexit.
  • The organization also provides updates on legal changes and how they affect EU nationals​.
• Settled:
  • A charity focused on helping EU citizens secure their status in the UK through the EU Settlement Scheme.
  • They provide practical support, advice, and information to ensure that EU citizens understand their rights and the steps needed to protect their status in the UK​.
• EU Citizens’ Rights Project:
  • Offers workshops, information sessions, and direct support aimed at informing EU citizens about their rights in the post-Brexit UK.
  • Their activities are tailored to help individuals understand the complex changes and what they mean for their daily lives and long-term residency rights​​.

These organizations play a pivotal role in assisting EU citizens in understanding and adjusting to the new regulations and requirements set by the UK government post-Brexit. By engaging with these services, EU nationals can better secure their rights and continue contributing to the UK community effectively.

For those looking for more comprehensive support or specific advice, these organizations’ websites and local offices are accessible resources for assistance and guidance.

6. Recent Developments and Outlook for EU-UK Relations

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Staying informed about the latest developments in immigration policies and procedures is crucial, as these can significantly impact EU citizens’ rights in the UK. Here are some of the recent changes and updates:

1. Trade and Cooperation Agreement (TCA) Implementation:
   • The ongoing implementation of the TCA continues to shape the economic and regulatory landscape between the UK and the EU.
   • Key areas of focus include trade in goods and services, digital trade, intellectual property, and public procurement.
   • The agreement ensures full mutual market access for goods and services, subject to rules of origin​​ (EU Trade)​.
2. Financial Regulatory Cooperation:
   • The second meeting of the Joint EU-UK Financial Regulatory Forum in May 2024 highlighted the importance of structured regulatory cooperation.
   • Discussions included financial stability, anti-money laundering (AML) efforts, sustainable finance, and digital finance.
   • This cooperation aims to align regulatory frameworks to ensure market integrity and protect investors and consumers​ (Finance)​.

Ongoing Negotiations

Several ongoing negotiations could have substantial impacts on various aspects of life for EU citizens in the UK:

1. Recognition of Qualifications:
   • Changes in the recognition of professional and educational qualifications between the UK and EU countries remain a critical area of negotiation.
   • Adjustments here could affect the ability of professionals to work across borders without additional certification requirements​​.
2. Social Security Coordination:
   • Negotiations are also focusing on social security coordination to ensure that EU citizens in the UK can access benefits and social services without disruption.
   • This includes the portability of social security benefits such as pensions and healthcare​ (UKandEU)​.
3. Family Reunification Rights:
   • The ability of EU citizens to bring family members to the UK is under negotiation, which could impact many families.
   • Future agreements could either ease or complicate the process of family reunification depending on the outcome of these talks​​.

Future Outlook

The future of EU-UK relations is marked by uncertainty and will heavily depend on the outcomes of ongoing negotiations. Key areas to watch include:

• Regulatory Alignment:
  • Continued efforts to align regulations, particularly in finance and trade, will be crucial for maintaining smooth relations and market stability.
• Geopolitical Factors:
  • Ongoing geopolitical issues, such as the war in Ukraine, influence negotiations and the stability of EU-UK relations.
• Economic Cooperation:
  • Sustained economic cooperation through the TCA and other agreements will play a significant role in shaping the future landscape for both regions​.

7. Conclusion: EU Citizens Rights in the UK after Brexit

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This blog post has provided a detailed examination of the rights of EU citizens in the UK post-Brexit, focusing on key areas such as the EU Settlement Scheme, changes in voting rights, travel and living conditions for UK citizens in the EU, and the support services available to EU citizens in the UK. We’ve also discussed the importance of staying updated with ongoing developments and negotiations that could affect these rights.

Key Takeaways

• Settled and Pre-Settled Status:
  • It is essential for EU citizens to secure either settled or pre-settled status to continue living and working in the UK.
  • This status grants rights related to employment, healthcare, education, and family reunification​​.
• Impact on Rights:
  • The changes impact various aspects of life, including work, access to healthcare services, educational opportunities, and the ability to bring family members to the UK.
  • The points-based immigration system has introduced new criteria and thresholds that must be met​​.
• Support Availability:
  • Numerous organizations offer guidance and assistance to EU citizens navigating these changes.
  • Key organizations include the UK Home Office, Citizens Advice, The3million, and Settled, which provide resources ranging from legal advice to assistance with the EU Settlement Scheme applications​​.
• Staying Informed:
  • It is crucial for EU citizens to stay informed about ongoing negotiations and policy updates.
  • Regularly checking official sources and updates from advocacy groups can help in understanding the evolving landscape and preparing for any new changes​ ​.

Final Thoughts

For both EU citizens in the UK and UK citizens in the EU, understanding and adapting to these changes is key to accessing opportunities and benefits. The post-Brexit era brings complexity, but staying informed and seeking support from available resources can help navigate these challenges effectively. By keeping abreast of developments and engaging with support services, EU citizens can ensure they are well-prepared to handle the implications of Brexit on their rights and lives.

8. FAQs: Post-Brexit EU Citizens’ Rights in the UK

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This FAQ section aims to address key concerns and provide succinct answers for EU citizens rights in the UK after Brexit. For further details on EU Citizens’ Rights in the UK after Brexit, please refer to: UK Government: Settled and Pre-Settled Status.